When will the immigration process change in Germany? New Blue Card Model, or Points Bases?

Question

The Residence act in Germany, 19 a, talks about the blue card, and the requirements to obtain it.

It is also part of the regulation to consider Work Experience to issue a Blue Card, however, no means to determine that were established.

Is there any prevision on when this regulation will be considered, and when I will be able to use my work experience to get a Blue Card?

soweit durch Rechtsverordnung nach Absatz 2 bestimmt, eine durch eine mindestens fünfjährige Berufserfahrung nachgewiesene vergleichbare Qualifikation besitzt

Will the immigration be based on points? http://www.faz.net/aktuell/wirtschaft/wirtschaftspolitik/andrea-nahles-deutschland-probt-die-kontrollierte-einwanderung-14092398.html

Resource: https://www.gesetze-im-internet.de/aufenthg_2004/__19a.html

Answer 1

Those are two distinct issues:

• The possibility to get a Blue Card based solely on professional experience (without a recognised degree) is optional as far as EU law is concerned. Germany does not have to do it and, in spite of the provision in the statute, hasn't enacted the necessary Rechtsverordnung. This has been going on for years now and it could go on forever.

  It's arguably quite cruel to have that provision in the law when it's not actually implemented but the reality is that it is simply impossible to get a Blue Card based on work experience in Germany. I see no reason to think it will change anytime soon.

• A point-based system seems difficult to reconcile with the EU Blue Card system, it's a proposal to overhaul the national immigration system, in particular for people who are not eligible for a Blue Card (whose requirements are, by design, quite stringent). It could open a new route to a residence card that might be relevant to you but it still wouldn't give you a Blue Card.

  Do note however that according to the article you cited, a concrete job offer and higher-education diploma would still be absolute requirements and not something that could be compensated by stellar scores in other areas of the point-based system.

No matter what happens to the possibility to apply for a Blue Card on the basis of professional experience on the one hand and to the point system on the other hand, these will remain two distinct systems, one rooted in EU law, the other in national law.